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Basic Facts About Trademarks: What Every Small Business Should Know Now, Not Later

This video is a must for anyone interested in starting a business to sell a product or offer a service. It highlights the important role of trademarks in that process, including a discussion of how trademarks, patents, copyrights, domain names, and business name registrations all differ. It gives guidelines on how to select the right mark---one that is both federally registrable and legally protectable. It also explains the benefits of federal registration and suggests resources if you need help with your application. By the end of the video, you'll understand why having a trademark component of your business plan is critical to your success.

NOTE: The run time for this video is approximately 42 minutes, so please allow adequate viewing time. If you do not have time to watch at one time, you may wish to watch the Basic Facts about Trademarks animated series. which covers the same information using user-friendly visuals in shorter video segments. Alternatively, if you wish to read the information (instead of watch a video), you may download the Basic Facts About Trademarks booklet that covers the same material.

If you have any questions after watching this video, please feel free to contact the Trademark Assistance Center (TAC), at TrademarkAssistanceCenter@uspto.gov or 1-800-786-9199 (select option #1). Telephone assistance is available Monday - Friday (except federal holidays) from 8:30 a.m. to 8:00 p.m. EST. TAC may answer general questions about the trademark process and provide guidance on the type of information to include on a form, but may not provide specific legal advice. For legal advice, please consider contacting an attorney who specializes in intellectual property.

What Is a Trademark or Service Mark and How Do They Differ From Patents and Copyrights?

A trademark is a brand name. A trademark or service mark includes any word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services.

This animated video explains how trademarks, patents, copyrights and also domain names and business names all differ. [run time: 8:25]

It is important to understand whether you should file for a trademark/service mark, a patent, and/or a copyright. While all are types of intellectual property, each protects something very specific. In addition to watching the video above, you can study how trademarks, patents, and copyrights differ to ensure you are making the proper filing decision at the outset of the filing process.